Deposit Deductions After a Joint Tenancy Ends in England

When a joint tenancy ends in England, understanding your rights regarding deposit deductions is essential. Navigating who is responsible, what landlords can deduct, and how to reclaim your share can feel confusing—especially if you are not a legal expert. This guide explains deposit rules after joint tenancies in simple, renter-focused terms, helping you respond to potential issues and know where to seek help.

What Happens to the Deposit When a Joint Tenancy Ends?

For most private renters, your security deposit must be protected in a government-approved tenancy deposit scheme. This rule applies to assured shorthold tenancies (ASTs), the most common type in England.¹ When your joint tenancy comes to an end, all named tenants on the contract are usually held "jointly and severally liable." That means each tenant is responsible for the entire rent and any damage—not just their share.

Who Gets the Deposit Back?

The deposit will typically be returned as a single sum to one nominated tenant or as agreed by all tenants. If you and your housemates disagree about how to split or claim the deposit, your deposit protection scheme’s dispute service can help resolve matters.²

• Landlords can only deduct for legitimate reasons (like unpaid rent, damage, or cleaning)
• Everyone named on the tenancy agreement must usually agree on claim submissions
• If one joint tenant leaves and is replaced, a brand new tenancy (and deposit) should begin

When Are Deposit Deductions Allowed?

Landlords in England can only make deductions in specific situations. These usually include:

• Unpaid rent
• Damage beyond "fair wear and tear"
• Missing items listed on the inventory
• Cleaning costs (if the property is not left as found)

If you disagree with a deduction, you are entitled to challenge it through your scheme’s Alternative Dispute Resolution (ADR) process. The main approved deposit schemes are:

• Deposit Protection Service (DPS)
• mydeposits
• Tenancy Deposit Scheme (TDS)

If you can't agree with your landlord about deductions, use your scheme's free dispute service. You do not have to accept any unfair or unexplained deductions.

Relevant Official Forms and How to Use Them

Deposit Release and Dispute Forms

• DPS: Joint Deposit Repayment Form
  Joint Deposit Repayment Form (DPS)
  Use this to request repayment when all tenants agree about the split. If there’s a dispute, the DPS will guide you through submitting evidence and using their adjudication service.
• TDS: End of Tenancy Dispute Submission
  Submit a Dispute (TDS)
  Start a dispute online if you disagree with deductions. You’ll need to provide supporting evidence, such as photos or the check-in inventory.

Using the Dispute Process: An Example

If your landlord proposes to take money from the deposit for extra cleaning after your joint tenancy, but you believe this is unfair, you can submit the relevant dispute form via your deposit protection provider. All tenants usually need to agree before a dispute can be raised.

What Laws Protect Your Deposit?

Your rights concerning deposit deductions are governed by the Housing Act 2004 and supporting regulations.³ These laws state that your deposit must be registered with an approved scheme, and explain exactly when and how deductions can be made.

Who Handles Tenancy Disputes?

The First-tier Tribunal (Property Chamber) is the body that handles residential tenancy disputes in England. If a deposit dispute is not settled through your scheme, you may apply to this tribunal for a formal decision.⁴

What Should Joint Tenants Do If They Disagree?

If you and your fellow tenants cannot agree on deposit deductions or splitting the refund, try to reach a compromise first. Failing that, you can:

• Use your deposit scheme’s dispute resolution service (free, evidence-based)
• Apply to the First-tier Tribunal (Property Chamber) as a last resort
• Gather supporting documents: inventory, photos, emails, any cleaning receipts

Frequently Asked Questions

1. Who is responsible for deposit deductions if one joint tenant caused damage?
   All joint tenants are usually "jointly and severally liable," meaning the landlord can claim the deduction from the whole deposit, regardless of who caused the damage. You’ll need to resolve individual liability among yourselves.
2. Can my landlord deduct for routine cleaning after I move out?
   No, the landlord can only deduct for cleaning if the property was left significantly dirtier than at the start of the tenancy (beyond fair wear and tear). Always check your inventory and provide evidence if disputed.
3. How do I start a dispute about my deposit?
   Contact your tenancy deposit scheme directly—usually online—using their dispute or repayment forms. You will need evidence to support your claim (photos, inventory, correspondence).
4. If my name is not on the deposit, can I still claim my share?
   Only the named tenants can make a claim; however, as a co-tenant, you have the right to discuss and agree on how the deposit is divided amongst yourselves.
5. What if I move out before the joint tenancy ends?
   If you leave early, your name remains on the tenancy and deposit until the agreement officially ends, unless the landlord and other tenants create a new tenancy without you.

Key Takeaways

• If you rented under a joint tenancy in England, your security deposit must be held in a government-approved scheme.
• All deductions must be fair and based on actual costs for damage, cleaning, or unpaid rent—not just everyday wear and tear.
• You have the right to dispute any deduction through your deposit scheme or the First-tier Tribunal.

Always communicate clearly, keep records, and rely on official schemes or the tribunal for support if needed.

Need Help? Resources for Renters

• Tenancy Deposit Protection Overview (GOV.UK)
• Shelter England – Tenancy Deposits Guide
• First-tier Tribunal (Property Chamber) Contact Details
• Shelter Advice and Support

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1. Housing Act 2004 – Deposit protection
2. Tenancy deposit protection – Disputes and problems
3. Housing Act 2004 (full text)
4. First-tier Tribunal (Property Chamber) official site

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